International Students And The Draft: Who's At Risk?

The possibility of being drafted while an international student in the United States is a concern for many. While mandatory drafts have not been used since 1973, the Selective Service System remains in place as a contingency plan. In the event of a national emergency, Congress can amend the Military Selective Service Act to authorise the President to implement a draft. All male U.S. citizens and male immigrants, including students, must register with the Selective Service System within 30 days of their 18th birthday. Foreign men lawfully in the U.S. as non-immigrants, such as international students, are not required to register unless their non-immigrant status lapses before turning 26.

International students are not required to register for the Selective Service System

The Selective Service System, which is maintained as a contingency plan, requires all male U.S. citizens and male immigrants living in the U.S. to register within 30 days of their 18th birthday. However, international students, visitors, and diplomats are exempt from this requirement as long as they maintain their non-immigrant status.

The Military Selective Service Act of 1967 expanded the ages of conscription to 18 to 55, allowing student deferments until the completion of a four-year degree or the student's 24th birthday, whichever came first. During the Vietnam War, college students were initially allowed deferments, but later, these deferments were limited to the end of the current semester or the end of the school year for seniors.

While mandatory military drafts have not been used in the United States since 1973, replaced by an all-volunteer military force, the rules could change in the event of a draft. In the case of a national emergency, Congress would need to amend the Military Selective Service Act to authorise the President to induct personnel. At that time, men with qualifying circumstances could file for exemptions, deferments, or postponements.

International students, as non-immigrants, are not required to register for the Selective Service System. However, if their non-immigrant status lapses while they are in the U.S. and under the age of 26, they will be required to register. Failure to register for the Selective Service System can result in penalties, including being denied U.S. citizenship.

Male US citizens and male immigrants must register within 30 days of turning 18

All male US citizens and male immigrants living in the US must register with the Selective Service System within 30 days of turning 18. This includes permanent residents, refugees, asylum seekers, and illegal immigrants. However, foreign men who are lawfully present in the US as non-immigrants, such as international students, visitors, and diplomats, are not required to register as long as they maintain that status. If a non-immigrant's status lapses while they are in the US and under the age of 26, they will be required to register.

The Selective Service System is a contingency plan that maintains a list of eligible candidates in the event of a draft. While mandatory military drafts have not been used in the US since 1973, and the likelihood of a draft being implemented today is incredibly low, registration for the Selective Service is important. Failure to do so can result in penalties, including being denied US citizenship.

The registration process for the Selective Service System is straightforward. Men who are at least 17 years and 3 months old can pre-register, so their information will automatically be added to the system when they turn 18. Upon registration, individuals are classified based on their eligibility for military service, with classifications such as 1-A for those eligible, 1-AO and 1-O for conscientious objectors, and 1-N for those who are not classifiable due to disqualification.

It is important to note that registration for the Selective Service System does not enroll an individual in the military. Instead, it ensures that they are considered for the draft if it is ever implemented. Historically, college students have received deferments or postponements of service, allowing them to complete their current semester or academic year before being inducted. However, these rules are subject to change, and the specific circumstances of each registrant will be considered during the classification process.

Mandatory military drafts have not been used in the US since 1973

International students on F-1 visas, the most common type of visa for international students in the US, are not required to register with the Selective Service System as long as they remain in their non-immigrant status. Foreign men who are lawfully present in the US as non-immigrants are exempt from registering. However, if their non-immigrant status lapses while they are under the age of 26, they will be required to register.

The Selective Service System is a US government agency that maintains information on men who are potentially eligible for military conscription. While mandatory military drafts have not been used in the US since 1973, the Selective Service System remains in place as a contingency measure. The history of conscription in the US dates back to colonial times, with the earliest form involving selective drafts of militiamen for specific campaigns.

The Universal Military Training and Service Act of 1951, enacted during the Korean War, lowered the draft age from 19 to 18 and a half, increased active-duty service time, and set a minimum statutory term of military service. This act also allowed students attending college or a training program full-time to request an exemption, which was valid as long as they remained students.

The Military Selective Service Act of 1967 expanded the ages of conscription from 18 to 55 but maintained student deferments. However, these deferments ended upon either the completion of a four-year degree or the student's 24th birthday, whichever came first. In 1971, the act was amended again to make registration compulsory for all men within a specific timeframe around their 18th birthday. While student deferments were mostly eliminated, divinity students continued to receive a Selective Service classification that exempted them from military service.

College students might receive a deferment, as seen during the Vietnam War

The possibility of being drafted while attending college can be unsettling, but it is important to note that mandatory military drafts have not been used in the United States since 1973, having been replaced by an all-volunteer military force. The Selective Service System is still maintained as a contingency plan. In the event of a national emergency, Congress would need to amend the Military Selective Service Act to authorise the President to induct personnel into military service.

If there were a draft, the rules could change, but based on historical practices, college students might receive a deferment, as seen during the Vietnam War. During the Vietnam War, college students were initially allowed deferments, essentially a postponement of service, for as long as they were enrolled in college. However, the rules changed partway through the war, and students could only defer until the end of the current semester (or, if it was their final year, until the end of the academic year).

The Military Selective Service Act of 1967 expanded the ages of conscription to 18 to 55 and still granted student deferments. However, these deferments ended upon either the student's completion of a four-year degree or their 24th birthday, whichever came first. In 1971, the Act was amended again to make registration compulsory for all men within a period of 30 days before and after their 18th birthdays. Student deferments were ended, except for divinity students, who received a 2-D Selective Service classification.

Currently, in the case of a military draft, certain categories of individuals are eligible for deferments, including hardship deferments for those whose induction would result in hardship for those depending on them, and ministerial students until they complete their studies. College students may also be eligible for a postponement of their induction until they finish the current semester or, if they are seniors, until the end of the academic year.

The Military Selective Service Act of 1967 ended student deferments at 24 years old

The Act also introduced random selection (lottery) for conscription. The first draft lottery was held on December 1, 1969, and it determined the order of call for induction during the 1970 calendar year. The lottery system was based on birthdays, with men turning 20 in the calendar year of induction being called up first, followed by 21-year-olds, 22-year-olds, and so on.

The 1967 Act built on previous legislation, such as the Universal Military Training and Service Act of 1951, which lowered the draft age to 18 and a half and allowed students to request an exemption. The 1967 Act ended most student exemptions, except for divinity students, who received a 2-D Selective Service classification.

It's important to note that while we are discussing draft requirements, foreign men who are lawfully present in the United States as non-immigrants, such as international students, visitors, and diplomats, are generally not required to register for the draft. However, if their non-immigrant status lapses while they are under 26 years old, they will be required to register.

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